The End of Lawyers? Or the Beginning of a Better Practice?
How cool is the internet? Seriously.
Thanks to Twitter, I started following Jordan Furlong (@jordan_law21),an Ottowa-based attorney who blogs about the evolution of our profession at Law 21.ca. He recently tweeted about a blog post by Neil Denny (@NeilDenny), from Bath, England, who describes himself as a "collaborative lawyer". From there, I discovered Neil's great blog, Lawyer1point9. If you haven't been there, take the trip -- it's worth it.
While at Neil's blog, I discovered a lengthy post he wrote last year entitled "The End of Lawyers and the Power of Po." Wow. A commentary on Richard Susskind's book "The End of Lawyers" -- which many have seen as a doom-inducing diatribe on the woes of an archaic legal profession -- Neil suggests instead that Susskind's book should be a starting point for discussing the potentialities of a new way of practicing law.
I can't do it justice in this post, so please go read the entire piece, but suffice to say that I find myself in full agreement with Neil's basic point:
"We can choose to keep on doing what we have always done, and justify our self-deception with passionate, strident arguments as to why possible changes will not affect us. Or we can choose to engage in the debate, to read, or hear Susskind out, and consider how the arguments might impact us, our law firms, and yes, even our very jobs and livelihoods."
There is no denying the situation we find ourselves in as a profession — law firms are laying off partners and associates while they continue to raise rates, law schools continue to churn out new lawyers with staggering amounts of debt but without much promise of a good-paying job, and clients are increasingly skeptical of the uncertainty that clouds much of the cost of obtaining legal services.
I heartily agree that the response to this situation cannot be to ignore or downplay it. Rather, we need to use it as a starting point for the next conversation — the one that starts with “What now?”
We can believe in the importance of the law and the value of good legal advice without being wedded to an outdated model for delivering our services. We can't go back to the way things were, and frankly, we shouldn't want to. How we go forward, however, is open to lots of debate. Let's get started.
And thanks, Jordan and Neil, for helping to point the way.

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Susskind's book does not suggest the end of lawyers, per se, the title notwithstanding. Richard's view is that the process and content pieces of law will go away, being done by Legal Service Organizations in India or elsewhere, which can handle those routine functions at a fraction of the cost. Richard also notes that what most lawyers define as custom work (their own) will constantly be under pressure as all work moves over time from custom to routine. A great book, an even better live presentation. Compelling.
Thanks very much for your comment, Patrick. I agree with you that Suskind's views of the future of our profession are very compelling. (I've never seen him live but would like to do so.) In some ways I think what he and others--you included, I believe--are teaching us is that we must stop resisting thinking of our profession as a business like any other business--one that must continue to evolve to meet the ever-changing demands of our clientele. We probably won't be the ones to define what is "custom" or "special" -- our clients will do that for us. The sooner we start listening to them and paying attention to what works for them, the more successful we'll be.
I'm glad you found our blog -- hope you enjoy it.
Good blog on Susskind's ideas and also acknowledge that it is not the doom laden tome that a number of people have tried to label it, I think the key of the title is actually the question-mark, The End of Lawyers? is a good wake-up call and should be embraced as kick starting a number of debates. It's there to provoke the discussion, let's not end up like the other industries that postured on the notion of disintermediation and paused too long, we run the risk of being the music industry circa 1999 debating the importance of mp3's.
On the notion of "law schools continue to churn out new lawyers with staggering amounts of debt but without much promise of a good-paying job" - this is a really important arena to look at, let's not focus on the volume, but the skills these lawyers will have for this very different legal services industry if Susskind is right, how much attention are we placing on the future of legal education and really evaluating that, the future is being educated now - are they the right skills and are they prepared for exponential change?
You may like this podcast we did with Professor Susskind last year http://www.college-of-law.co.uk/about-the-college/podcasts/series-1-episode-1.html on themes discussed in his book and also his Times article on the future of legal education: http://business.timesonline.co.uk/tol/business/law/student/article6993977.ece
Thank you for your comment, Jon. I agree with you about the need to look at law school education from a qualitative, not just quantitative, point of view. It seems to me that law schools with a greater emphasis on clinical programs and direct client services will fare better in the long run. Many new lawyers will have to be able to work for a living right away -- and any practical education they receive in this area will help. I think it would also make sense to have more interdisciplinary programs between law schools and business schools -- not just for future corporate lawyers, but for future lawyer-business-owners. I wish I had had access to that kind of education when I was in law school.